Breach of Contract and Damages

Most time, acceptance would be made in clear and loud matters, such as saying “Yes, I accept.” But silence would constitute acceptance of an offer where the common-law and statutory law allows. Supreme Court of Nebraska has confirmed in Joseph Heiting and Sons v. Jacks Bean Co that acceptance may be established by silence or inaction of an offeree and acceptance occurs when the buyer/offeree “does any act inconsistent with the seller/offeror’s ownership...” Neb. U.C.C. section 2-606(1)(c). In Joseph Heiting and Sons v. Jacks Bean Co, 463 N.W.2d 817, 236 Neb. 765 (Neb.,1990), Heiting (Plaintiff) offered to sell its beans at the posted price on September 30, 1987, but was never informed of acceptance or rejection of the offer. Heiting and Jacks

Kidnapper, Jesse Dimmick, sues hostages for breach of contract. In our research we will discuss the contract that caused the arrest, the consequences, and the reason behind the kidnapper suing the hostages.

Tech Ltd hired extra electricians and worked longer hours to complete the installation as agreed on 20th December.

Firstly, we have to distinguish whether Jack makes an invitation to tender or an invitation to treat. According to Harvela Investments Ltd v. Royal Trust Co of Canada (CI) Ltd (1986), the usual analysis is that ‘an invitation to tender for a particular project is simply an invitation to treat. ' However, in the case of Harvela Investments Ltd, the invitation to tender is treated as an offer implicating legal obligations. I believe that Jack was making an invitation to treat rather than an invitation to tender, constituting an offer, for several reasons; firstly, the terms of the invitation are vague, with no specification of time for which acceptance of the ‘most competitive tender ' will remain open till; secondly, I infer that the lack

1. Did Wayne have an employment contract, either oral or written, with EcoCare? Why or why not?

The validity of an oral contract depends on the jurisdiction, in most cases they are treated like any written one, but some situations (such as when exchanging real property) may require physical evidence such as a written agreement to back up the oral one. For oral contracts to hold water (become enforceable) they must be done correctly, like making sure there is a witness to the deal-making.

When the contract was formed we are assuming that there was no misrepresentation. Misrepresentation is where a false statement of fact or law which induces the representee to enter a contract. From the scenario we can assume that there has been no misrepresentation. But if there had been any misrepresentation we would assume that’s it innocent misrepresentation which is when the representor had reasonable grounds for believing that his or her false statement was true. But it is very unlikely that any had happened but if there had of been the shop wouldn’t have known this as the box was sealed the only people who could of know that the laptop was damaged would be manufacturers.

In order for a law (“bill”) to receive royal accent (approved by the governor general), the bill must pass through the House of Representatives and the Senate. This article will talk about how a law is passed through both houses and become law under difference circumstances, when the government of the day have a majority in both houses, in the House of Representatives and in a minority government.

Kati has suffered damages to her vehicle from a natural disaster, which occurred under ESC’s liability. This issue is much different as opposed to ‘LOSS OR THEFT’, which was specified by ESC in the exclusion clause. Potentially ESC could choose to argue that the clause should be interpreted using Noscitur a sociss. Doing so may allow ESC to include damages within the exclusion clause and avoid being held liable to repair Kati’s car. However, Kati argument is still effective as it asserts that the exclusion clause did not specifically cover the breach of liability that occurred to her vehicle. This is a valid argument in Kati’s favour as courts commonly interpret exclusion clauses according to their natural and ordinary meaning, as demonstrated in Darlington Futures Ltd v Delco Australia Pty Ltd. It will also be difficult for ESC to prove that their clause does cover them for damages as during cases of ambiguity, the exclusion clause will be construed against the party relying on the clause. As a result, the clause will be interpreted in Kati’s favour which makes her argument much more compelling. Together, all these factors make ESC’s argument much harder to justify against Kati’s claim, especially since the clause will only cover a breach that has occurred within the scope of a contract, see Council of the City of Sydney v West. In conclusion, it

Breach of contract action- Vanderbilt brought the action against Dinardo for breach of contract. The contract contained reciprocal liquadated damage provisions. Vand. agreed to pay Dinardo his remaining salary should Vand release him as football coach, Dinardo agreed to reimburse Vand should he leave before his contract expired. Dinardo signed an addendum for his 2 year contract extensions before resigning however. He stated that his lawyer need to look over the document before it became finalized.

Mayfair has committed breach of contract and the torts of concealment and conspiracy to commit fraud against our company. Mayfair knowingly mislead our company into signing a contract when they knew the likelihood of the contract would not be completed in the specified time frame. Even though Mayfair had the “contract term that relieves them of contractual liability because of labor difficulties” (Reed et al, 2013 p.319), they can still be held accountable, because of the concealment of the fact they had prior knowledge of the trucking strike. Our company had relied on receiving those parts on October 1st in order to keep a contract with the car company. Mayfair did not perform the terms of the contract and caused us harm due to their concealment

Punitive damage was brought about to punish wrongdoing and try to prevent the same type of incidents from being repeated in the future. Maybe when the law came in to effect it served the purpose in which it was created for. Unfortunately, this is no longer the case in my opinion. There are too many people now a days who take to court and sue for everything under the sun, these individuals can sue for damages greater than just the injury, punitive damage is awarded for such high amounts in some court cases. How is the individual or business supposed to correct their actions if the court rules them to have to go into debt in some instances in order to pay for these damages? I do not feel as if the courts are finding malice or significant wrongdoings

The purpose of this discussion essay is to prove that there was a breach of contract, that there was tort liability involved, that there was a guest innkeeper relationship, a possible landlord tenant relationship and bailment involved.

Introduction: In this assignment I will go over a few legal terms in relation to contract law. I will also talk about a few precedents that help explain the law.

7. The Second Party binds that the helmets required (subject of this agreement) shall be new, will be supplied by the parent company manufactured for this type of helmets, shall be subject to all obligations related to the industrial and intellectual property rights as a result of its violating.